Dharmendra Das @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16009 of 2018 Arising Out of PS.Case No. -308 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Dharmendra Das @ Dharmendra Kumar S/o Suresh Das, R/o VillageBangra Bansidhar, P.S.- Kudhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar, Adv For the Opposite Party/s : Mr. Sri Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Wife of this petitioner died in unnatural circumstances within two years of her marriage in her matrimonial house. Brother of the victim, who is informant of this case, alleges that there was demand of motorcycle and on non-fulfillment of the same, dowry death was committed. Father of the deceased has also supported the allegation of demand and torture for the same.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since

Patna High Court Cr.Misc. No.16009 of 2018 (3) dt.15-05-2018 20.08.2017. Investigation of the case is already concluded. Some other witnesses have stated before the police that the victim committed suicide, as the petitioner was in the habit of taking wine and assaulting her for the same. Considering the material available on the record against the petitioner, I am not inclined to enlarge him on bail in connection with Kudhani Police Station Case No. 308 of 2017 corresponding to G.R.No.1808 of 2017 pending in the court of learned J.M.-1st Class, Muzaffarpur/successor court.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial and conclude the same preferably within nine months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail before the learned trial court itself. (Birendra Kumar, J) Nitesh/- U T